A federal court in Miami has denied the U.S. government’s motion to dismiss a putative class action alleging that users of the federal courts’ electronic records system (PACER) were improperly charged for accessing records. The government had argued that the court lacked subject matter jurisdiction over the case, and that the plaintiffs had failed to state a claim upon which relief could be granted.

Law.com has the story here. And for those who do not want to pay PACER fees, the court’s order is here. 🙂

UPDATE/CLARIFICATION: The Florida lawsuit here is separate from the lawsuit in the first linked story. That suit, filed in the federal district court in the District of Columbia, has already certified a class. Both cases apparently will now go forward.

Just days after retiring from his seat on the Seventh Circuit Court of Appeals, Judge Richard Posner released his latest book, the awkwardly titled Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments. The book is self-published, and apparently contains a significant number of internal memos from within the court.

A new poll conducted by researchers at Penn State University has found that the U.S. Supreme Court continues to enjoy high levels of public legitimacy, notwithstanding the belief by many respondents that Justices should not serve on the Court for life.

The linked story contains additional information, including many comments on the Court from respondents. Ignore the idiotic headline about “Trump’s America,” which seems de rigeur for all mainstream media stories these days, even if (as here) they have nothing to do with the President. The poll itself is worth noting.

The difficult and tragic hurricane season, which closed Texas’s federal and state courthouses last month, has now done the same to the courthouses in Puerto Rico and the Virgin Islands. (A courthouse in Florida remains closed in the wake of Hurricane Irma as well.) In light of the terrible destruction on those islands, the closing of a courthouse by itself is bottom-page news. But in times of crisis, courthouses are needed — both practically and symbolically — to assure citizens that the rule of law remains in place. Here’s hoping that the residents of all affected areas find strength, rebuild, and restore their communities.

An early report in March by Kelsi Loos in the Frederick News-Post found that since October the share of Maryland defendants held without bail had increased from 10% to 14%. The Washington Post later reported that from September 2016 to May the figure had jumped from 7% to 15%.

Meanwhile, fewer released defendants are showing up for trial. The Post, confirming anecdotal reports, writes that the “failure to appear” rate in January was 14.5%, up five points from October. Failing to show up for court sets up a defendant for more-severe consequences down the road, which can include being held without bail.

At their core, principles of organizational independence teach that decisions have a wide range of ripple effects on all aspects of the organization. As Olson notes, it is too early to say whether Maryland’s numbers reflect causation, statistical noise, or something in between. But there should be little surprise that the decision to limit bail options, without providing other formal mechanisms to deal with moderate-level offenders, would lead to some noticeable changes in the way the system operates.

In March, I flagged a story about Palm Beach County Judge Dana Santino, who was elected last November after running a particularly ugly campaign against his opponent, Gregg Lerman. udge Santino ran ads suggesting that Lerman, a defense attorney, represents “murders, rapists, child molesters, and other criminals.” She was subsequently investigated by the Florida Judicial Qualifications Commission, and admitted to violating two canons of judicial ethics. The Commission has yet to issue a recommendation to the Florida Supreme Court about Judge Santino’s punishment, if any.

Although requested by Lerman, the recusal now makes things more complicated for his practice. There are fewer judges available to his clients, which may lead to more delays in the administration of justice.

All involved insist that there are no hard feelings about the earlier campaign. But judicial elections have these sort of ancillary (and ultimately predictable) effects. At minimum, a lawyer in Mr. Lerman’s shoes might think twice before seeking a judicial position in the future.

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What are interdependent courts?

Courts cannot do their jobs without the support of the other branches of government, the bar, and the public. This blog is part of an ongoing project to observe how courts interact with their environments.